As used in this chapter, unless the context clearly requires otherwise:
(1) "Abandoning an excavation site" means not working an excavation site for forty-eight hours or longer.
(2) "Aggregate" means a mixture of minerals separable by mechanical or physical means.
(3) "Aquatic beneficial plant" means native and nonnative aquatic plants not prescribed by RCW 17.10.010
(10), and that are of value to fish life.
(4) "Aquatic noxious weed" means an aquatic weed on the state noxious weed list as prescribed by RCW 17.10.010
(5) "Aquatic plant" means any aquatic noxious weed and aquatic beneficial plant that occurs within the ordinary high water line of waters of the state.
(6) "Artificial materials" means clean, inert materials that you use to construct diversion structures for mineral prospecting.
(7) "Bank" means any land surface above the ordinary high water line that adjoins a body of water and contains it except during floods. Bank also includes all land surfaces of islands above the ordinary high water line that adjoin a body of water and that are below the flood elevation of their surrounding body of water.
(8) "Beach area" means the beds between the ordinary high water line and extreme low tide.
(9) "Bed" means the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.
(10) "Bed materials" means naturally occurring material, including, but not limited to, gravel, cobble, rock, rubble, sand, mud and aquatic plants, found in the beds of state waters. Bed materials may be found in deposits or bars above the wetted perimeter of water bodies.
(11) "Biodegradable" means material that is capable of being readily decomposed by biological means, such as by bacteria.
(12) "Bioengineering" means project designs or construction methods which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life. Use of wood structures or limited use of clean angular rock may be allowable to provide stability for establishment of the vegetation.
(13) "Bottom barrier or screen" means synthetic or natural fiber sheets of material used to cover and kill plants growing on the bottom of a watercourse.
(14) "Boulder" means a stream substrate particle larger than ten inches in diameter.
(15) "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the shoreline consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.
(16) "Classify" means to sort aggregate by hand or through a screen, grizzly, or similar device to remove the larger material and concentrate the remaining aggregate.
(17) "Cofferdam" means a temporary enclosure used to keep water from a work area.
(18) "Complete written application" means any document that serves as application for a written hydraulic project approval under WAC 220-110-030
which is signed and dated by the applicant and authorized agent, if one is acting for the applicant, and contains general plans for the overall project, complete plans and specifications for the proposed construction or work waterward of the mean higher high water line in salt water, or waterward of the ordinary high water line in fresh water, complete plans and specifications for the proper protection of fish life, and notice of compliance with any applicable requirements of the State Environmental Policy Act, chapter 43.21C
RCW, unless otherwise provided for in chapter 77.55
(19) "Concentrator" means a device used to physically or mechanically separate the valuable mineral content from aggregate.
(20) "Control" means level of treatment of aquatic noxious weeds as prescribed by RCW 17.10.010
(21) "Crevicing" means removing aggregate from cracks and crevices using hand-held mineral prospecting tools or water pressure.
(22) "Department" means the Washington department of fish and wildlife.
(23) "Diver-operated dredging" means the use of portable suction or hydraulic dredges held by SCUBA divers to remove aquatic plants.
(24) "Drawdown" means decreasing the level of standing water in a watercourse to expose bottom sediments and rooted plants.
(25) "Dredging" means removal of bed material using other than hand-held tools.
(26) "Early infestation" means an aquatic noxious weed whose stage of development, life history, or area of coverage makes one hundred percent control and eradication as prescribed by RCW 17.10.010
(5) likely to occur.
(27) "Emergency" means an immediate threat to life, public or private property, or an immediate threat of serious environmental degradation, arising from weather or stream flow conditions, other natural conditions, or fire.
(28) "Entrained" means the entrapment of fish into a watercourse diversion without the presence of a screen, into high velocity water along the face of an improperly designed screen, or into the vegetation cut by a mechanical harvester.
(29) "Equipment" means any device powered by internal combustion; hydraulics; electricity, except less than one horsepower; or livestock used as draft animals, except saddle horses; and the lines, cables, arms, or extensions associated with the device.
(30) "Eradication": See "control."
(31) "Established ford" means a crossing place in a watercourse that was in existence and annually used prior to 1986 or subsequently permitted by the department, and has identifiable approaches on the banks.
(32) "Excavation site" means the pit, furrow, or hole from which you remove aggregate to process and recover minerals or into which wastewater is discharged to settle out sediments.
(33) "Extreme low tide" means the lowest level reached by a receding tide.
(34) "Farm and agricultural land" means those lands identified as such in RCW 84.34.020
(35) "Filter blanket" means a layer or combination of layers of pervious materials (organic, mineral, or synthetic) designed and installed in such a manner as to provide drainage, yet prevent the movement of soil particles due to flowing water.
(36) "Fish life" means all fish species, including but not limited to food fish, shellfish, game fish, and other nonclassified fish species and all stages of development of those species.
(37) "Fishway" means any facility or device that is designed to enable fish to effectively pass around or through an obstruction without undue stress or delay.
(38) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the director of the Washington department of fish and wildlife.
(39) "Frequent scour zone" means the area between the wetted perimeter and the toe of the slope, comprised of aggregate, boulders, or bedrock. Organic soils are not present in the frequent scour zone.
(40) "Freshwater area" means those state waters and associated beds below the ordinary high water line that are upstream of river mouths including all lakes, ponds, and streams.
(41) "Game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the Washington fish and wildlife commission.
(42) "Ganged equipment" means two or more pieces of mineral prospecting equipment coupled together to increase efficiency. An example is adding a second sluice to a high-banker.
(43) "General provisions" means those provisions that are contained in every HPA.
(44) "Gold and Fish pamphlet" means a document that details the rules for conducting small-scale and other prospecting and mining activities, and which serves as the hydraulic project approval for certain mineral prospecting and mining activities in Washington state.
(45) "Habitat improvement structures or stream channel improvements" means natural or human-made materials placed in or next to bodies of water to make existing conditions better for fish life. Rock flow deflectors, engineered logjams, and artificial riffles are examples.
(46) "Hand cutting" means the removal or control of aquatic plants with the use of hand-held tools or equipment, or equipment that is carried by a person when used.
(47) "Hand-held tools" means tools that are held by hand and are not powered by internal combustion, hydraulics, pneumatics, or electricity. Some examples of hand-held tools are shovels, rakes, hammers, pry bars and cable winches. This definition does not apply to hand-held tools used for mineral prospecting. See "hand-held mineral prospecting tools."
(48) "Hand-held mineral prospecting tools" means:
(a) Tools that you hold by hand and are not powered by internal combustion, hydraulics, or pneumatics. Examples include metal detectors, shovels, picks, trowels, hammers, pry bars, hand-operated winches, and battery-operated pumps specific to prospecting; and
(49) "Hatchery" means any water impoundment or facility used for the captive spawning, hatching, or rearing of fish and shellfish.
(50) "High-banker" means a stationary concentrator that you can operate outside the wetted perimeter of the body of water from which the water is removed, using water supplied by hand or by pumping. A high-banker consists of a sluice box, hopper, and water supply. You supply aggregate to the high-banker by means other than suction dredging. This definition excludes rocker boxes. See Figure 1.
(51) "High-banking" means using a high-banker to recover minerals.
(52) "Hydraulic project" means construction or performance of other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. Hydraulic projects include forest practice activities, conducted pursuant to the forest practices rules (Title 222 WAC), that involve construction or performance of other work in or across the ordinary high water line of:
(a) Type 1-3 waters; or
(b) Type 4 and 5 waters with identifiable bed or banks where there is a hatchery water intake within two miles downstream; or
(c) Type 4 and 5 waters with identifiable bed or banks within one-fourth mile of Type 1-3 waters where any of the following conditions apply:
(i) Where the removal of timber adjacent to the stream is likely to result in entry of felled trees into flowing channels;
(ii) Where there is any felling, skidding, or ground lead yarding through flowing water, or through dry channels with identifiable bed or banks with gradient greater than twenty percent;
(iii) Where riparian or wetland leave trees are required and cable tailholds are on the opposite side of the channel;
(iv) Where road construction or placement of culverts occurs in flowing water;
(v) Where timber is yarded in or across flowing water;
(d) Type 4 and 5 waters with identifiable bed or banks that are likely to adversely affect fish life, where the HPA requirement is noted by the department in response to the forest practice application.
Hydraulic projects and associated permit requirements for specific project types are further defined in other sections of this chapter.
(53) "Hydraulic project approval" or "HPA" means:
(a) A written approval for a hydraulic project signed by the director of the department of fish and wildlife, or the director's designates; or
(b) A verbal approval for an emergency hydraulic project from the director of the department of fish and wildlife, or the director's designates; or
(c) The following printed pamphlet approvals:
(i) A "Gold and Fish" pamphlet issued by the department, which identifies and authorizes specific minor hydraulic project activities for mineral prospecting and placer mining; or
(ii) An "Irrigation and Fish" pamphlet issued by the department, which identifies and authorizes specific minor hydraulic project activities; or
(iii) An "Aquatic Plants and Fish" pamphlet and any supplemental approvals to it issued by the department, which identifies and authorizes specific aquatic noxious weed and aquatic beneficial plant removal and control activities.
(54) "Job site" means the space of ground including and immediately adjacent to the area where work is conducted under the authority of an HPA. For mineral prospecting and placer mining projects, the job site includes the excavation site.
(55) "Joint aquatic resources permit application" or "JARPA" means a form provided by the department and other agencies which an applicant submits when requesting a written HPA for a hydraulic project.
(56) "Lake" means any natural or impounded body of standing freshwater, except impoundments of the Columbia and Snake rivers.
(57) "Large woody material" means trees or tree parts larger than four inches in diameter and longer than six feet, and rootwads, wholly or partially waterward of the ordinary high water line.
(58) "Mean higher high water" or "MHHW," means the tidal elevation obtained by averaging each day's highest tide at a particular location over a period of nineteen years. It is measured from the mean lower low water = 0.0 tidal elevation.
(59) "Mean lower low water" or "MLLW" means the 0.0 tidal elevation. It is determined by averaging each day's lowest tide at a particular location over a period of nineteen years. It is the tidal datum for vertical tidal references in the saltwater area.
(60) "Mechanical harvesting and cutting" means the partial removal or control of aquatic plants with the use of aquatic mechanical harvesters, which cut and collect aquatic plants, and mechanical cutters, which only cut aquatic plants.
(61) "Mineral prospect" means to excavate, process, or classify aggregate using hand-held mineral prospecting tools and mineral prospecting equipment.
(62) "Mineral prospecting equipment" means any natural or manufactured device, implement, or animal (other than the human body) that you use in any aspect of prospecting for or recovering minerals.
(63) "Mini high-banker" means a high-banker with a riffle area of three square feet or less. See Figure 2.
(64) "Mini rocker box" means a rocker box with a riffle area of three square feet or less. See Figure 3.
(65) "Mining" means the production activity that follows mineral prospecting.
(66) "Mitigation" means actions that shall be required as provisions of the HPA to avoid or compensate for impacts to fish life resulting from the proposed project activity. The type(s) of mitigation required shall be considered and implemented, where feasible, in the following sequential order of preference:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
(e) Compensating for the impact by replacing or providing substitute resources or environments; or
(f) Monitoring the impact and taking appropriate corrective measures to achieve the identified goal.
For projects with potentially significant impacts, a mitigation agreement may be required prior to approval. Replacement mitigation may be required to be established and functional prior to project construction.
(67) "Natural conditions" means those conditions that arise in or are found in nature. This is not meant to include artificial or manufactured conditions.
(68) "No-net-loss" means:
(a) Avoidance or mitigation of adverse impacts to fish life; or
(b) Avoidance or mitigation of net loss of habitat functions necessary to sustain fish life; or
(c) Avoidance or mitigation of loss of area by habitat type.
Mitigation to achieve no-net-loss should benefit those organisms being impacted.
(69) "Ordinary high water line" or "OHWL" means the mark on the shores of all waters that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in ordinary years, as to mark upon the soil or vegetation a character distinct from that of the abutting upland, provided that in any area where the ordinary high water line cannot be found, the ordinary high water line adjoining saltwater shall be the line of mean higher high water, and the ordinary high water line adjoining freshwater shall be the elevation of the mean annual flood.
(70) "Pan" means an open metal or plastic dish that you operate by hand to separate gold or other minerals from aggregate by washing the aggregate. See Figure 4.
(71) "Panning" means using a pan to wash aggregate.
(72) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations.
(73) "Placer" means a glacial or alluvial deposit of gravel or sand containing eroded particles of minerals.
(74) "Pool" means a portion of the stream with reduced current velocity, often with water deeper than the surrounding areas.
(75) "Power sluice" means "high-banker."
(76) "Power sluice/suction dredge combination" means a machine that can be used as a power sluice, or with minor modifications, as a suction dredge. See Figure 5.
(77) "Process aggregate" or "processing aggregate" means the physical or mechanical separation of the valuable mineral content within aggregate.
(78) "Prospecting" means the exploration for minerals and mineral deposits.
(79) "Protection of fish life" means prevention of loss or injury to fish or shellfish, and protection of the habitat that supports fish and shellfish populations.
(80) "Purple loosestrife" means Lythrum salicaria and Lythrum virgatum as prescribed in RCW 17.10.010
(10) and defined in RCW 17.26.020
(81) "Redd" means a nest made in gravel, consisting of a depression dug by a fish for egg deposition, and associated gravel mounds. See Figure 6.
(82) "Riffle" means the bottom of a concentrator containing a series of interstices or grooves to catch and retain a mineral such as gold.
(83) "River or stream." See "watercourse."
(84) "Rocker box" means a nonmotorized concentrator consisting of a hopper attached to a cradle and a sluice box that you operate with a rocking motion. See Figure 7.
(85) "Rotovation" means the use of aquatic rotovators which have underwater rototiller-like blades to uproot aquatic plants as a means of plant control.
(86) "Saltwater area" means those state waters and associated beds below the ordinary high water line and downstream of river mouths.
(87) "Shellfish" means those species of saltwater and freshwater invertebrates that shall not be taken except as authorized by rule of the director of the department of fish and wildlife. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
(88) "Slope" means:
(a) Any land surface above the frequent scour zone and wetted perimeter that adjoins a body of water. Slope also includes land surfaces of islands above the frequent scour zone that adjoin a body of water; or
(b) A stretch of ground forming a natural or artificial incline.
(89) "Sluice" means a trough equipped with riffles across its bottom, which you use to recover gold and other minerals with the use of flowing water. See Figure 8.
(90) "Spartina" means Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens as prescribed in RCW 17.10.010
(10) and defined in RCW 17.26.020
(91) "Special provisions" means those conditions that are a part of the HPA, but are site- or project-specific, and are used to supplement or amend the technical provisions.
(92) "Spiral wheel" means a hand-operated or battery powered rotating pan that you use to recover gold and minerals with the use of water. See Figure 9.
(93) "Stable slope" means a slope without visible evidence of slumping, sloughing or other movement. Stable slopes will not show evidence of landslides, uprooted or tilted trees, exposed soils, water-saturated soils, and mud, or the recent erosion of soils and sediment. Woody vegetation is typically present on stable slopes.
(94) "Stream-bank stabilization" means those projects which prevent or limit erosion, slippage, and mass wasting, including, but not limited to, bank resloping, log and debris relocation or removal, planting of woody vegetation, bank protection (physical armoring of banks using rock or woody material, or placement of jetties or groins), gravel removal, or erosion control.
(95) "Suction dredge" means a machine that you use to move submerged aggregate via hydraulic suction. You process the aggregate through an attached sluice box for the recovery of gold and other minerals. See Figure 10.
(96) "Suction dredging" means using a suction dredge for the recovery of gold and other minerals.
(97) "Supplemental approval" means a written addendum issued by the department to an Aquatic Plants and Fish pamphlet HPA for approved exceptions to conditions of that pamphlet HPA or for any additional authorization by the department when required by the pamphlet HPA. See "hydraulic project approval."
(98) "Tailings" means the waste material that remains after you process aggregate for minerals.
(99) "Technical provisions" means those conditions that are a part of the HPA and apply to most projects of that nature.
(100) "Toe of the bank" means the distinct break in slope between the stream bank or shoreline and the stream bottom or marine beach or bed, excluding areas of sloughing. For steep banks that extend into the water, the toe may be submerged below the ordinary high water line. For artificial structures, such as jetties or bulkheads, the toe refers to the base of the structure, where it meets the stream bed or marine beach or bed.
(101) "Toe of the slope" means the base or bottom of a slope at the point where the ground surface abruptly changes to a significantly flatter grade.
(102) "Unstable slope" means a slope with visible evidence of slumping, sloughing or other movement. Evidence of unstable slopes includes landslides, uprooted or tilted trees, exposed soils, water-saturated soils, and mud, or the recent erosion of soils and sediment. Woody vegetation is typically not present on unstable slopes.
(103) "Vac-pac" means a motorized, portable vacuum used for prospecting. See Figure 11.
(104) "Viable" means that any plant or plant part is capable of taking root or living when introduced into a body of water.
(105) "Watercourse" and "river or stream" means any portion of a channel, bed, bank, or bottom waterward of the ordinary high water line of waters of the state, including areas in which fish may spawn, reside, or pass, and tributary waters with defined bed or banks, which influence the quality of fish habitat downstream. This includes watercourses which flow on an intermittent basis or which fluctuate in level during the year and applies to the entire bed of such watercourse whether or not the water is at peak level. This definition does not include irrigation ditches, canals, storm water run-off devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.
(106) "Water right" means a certificate of water right, a vested water right or a claim to a valid vested water right, or a water permit, pursuant to Title 90 RCW.
(107) "Waters of the state" or "state waters" means all salt waters and fresh waters waterward of ordinary high water lines and within the territorial boundaries of the state.
(108) "Water type" means water categories as defined in WAC 222-16-030
of the forest practice rules and regulations.
(109) "Weed rolling" means the use of a mechanical roller designed to control aquatic plant growth.
(110) "Wetted perimeter" means the areas of a watercourse covered with flowing or nonflowing water.
(111) "Woody vegetation" means perennial trees and shrubs having stiff stems and bark. Woody vegetation does not include grasses, forbs, or annual plants.
[Statutory Authority: RCW 77.55.091
(2), 77.12.047, and 77.04.020. WSR 09-02-017 (Order 08-318), § 220-110-020, filed 12/29/08, effective 4/3/09. Statutory Authority: RCW 75.08.080
, 75.20.100 and 75.20.330. WSR 99-01-088 (Order 98-252), § 220-110-020, filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080
. WSR 97-13-001 (Order 97-84), § 220-110-020, filed 6/4/97, effective 7/5/97; WSR 94-23-058 (Order 94-160), § 220-110-020, filed 11/14/94, effective 12/15/94; WSR 87-15-086 (Order 87-48), § 220-110-020, filed 7/20/87. Statutory Authority: RCW 75.08.012
, 75.08.080 and 75.20.100. WSR 84-04-047 (Order 84-04), § 220-110-020, filed 1/30/84. Statutory Authority: RCW 75.20.100
and 75.08.080. WSR 83-09-019 (Order 83-25), § 220-110-020, filed 4/13/83.]